P.R. Laws tit. 9, § 5122

2019-02-20 00:00:00+00
§ 5122. Maximum lawful speed limits and penalties

The speed limits established below and the manner in which they are subsequently authorized shall be the maximum lawful speed limits and no person shall drive a motor vehicle on a public road at a speed higher than said maximum limits:

(a) Twenty-five (25) miles per hour in the urban zones, except for those public roads with four (4) or more lanes, whereby the Secretary may establish a maximum limit of thirty-five (35) miles per hour.

(b) Forty-five (45) miles per hour in the rural zones, except for those public roads whereby the Secretary determines that the maximum speed limit shall be of up to fifty-five (55) miles per hour.

(c) Fifteen (15) miles per hour in a school zones located in an urban zone, and while in a rural zone it shall be twenty-five (25) miles per hour, as identified by the corresponding authority, from 6:00 A.M. to 7:00 P.M. on school days or other hours or periods that are posted or identified by fixed signs, signs with variable messages, blinking yellow traffic lights or other traffic control devices or combinations thereof.

(d) Every motor vehicle that transports hazardous materials shall not exceed a speed of thirty (30) miles an hour in rural zones and fifteen (15) miles an hour in urban zones. In determining what is construed as hazardous material, attention must be given to the definition established in the regulations adopted by the Commission to such effect, pursuant to the power conferred to it by §§ 1001 et seq. of Title 27, known as the “Puerto Rico Public Service Act”, or by any subsequent statute that may govern said matters.

(e) The speed in expressways shall be sixty-five (65) miles per hour in those areas that meet the criteria in effect of the American Association of State Highway and Transportation Officials (AASHTO).

(f) The maximum speed for all heavy motor vehicles, public or private buses or school transportation, shall always be ten (10) miles per hour less than that allowed in any zone, except in school zones, where the maximum speed shall be fifteen (15) miles per hour.

(g) Any person driving a motor vehicle in excess of the maximum speed allowed in the zone or at the time, or under the pertinent conditions, as determined by the Secretary, shall incur an administrative fault and be punished as follows:

(1) Basic fine of fifty dollars ($50), plus five additional dollars ($5) per mile per hour when driving in excess of the maximum speed limit allowed in that zone or at that hour, or under said circumstances.

(2) A fine of five hundred dollars ($500) when the speed at which the vehicle is traveling reaches one hundred (100) miles per hour or more.

(h) Any person who drives a motor vehicle in excess of the maximum speed allowed in a school zone and said zone has been specifically identified with the required devices such as, but not limited to, traffic lights, reflectors, paint and signs shall incur an administrative fault and shall be punished with a fine of one hundred dollars ($100), plus five dollars ($5) for each additional mile over the speed limit established by law for the school zone. When a traffic accident or any type of bodily harm to a person is caused by a violation of this provision, it shall be deemed as a misdemeanor and shall be submitted to the corresponding court.

(i) Any person who operates a heavy motor vehicle, public bus or school transportation in excess of the maximum speed allowed shall incur a misdemeanor and, upon conviction, shall be punished as follows:

(1) For the first conviction, by a fine which shall not be less than two hundred and fifty dollars ($250) nor more than five hundred dollars ($500), and suspension of the driving license for a term of one (1) month.

(2) For the second conviction, a fine which shall not be less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and suspension of the driving license for a term of six (6) months.

(3) For the third conviction, a fine which shall not be less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) and suspension of the driving license for life.

(j) Any person who operates a motor vehicle and exceeds the maximum speed limit allowed in an area where a sign is posted warning that workers are carrying out construction, maintenance, or repair works on public roads, shall commit an administrative violation punished by a basic fine of seventy-five dollars ($75), plus an additional five dollars ($5) per mile per hour when driving in excess of the maximum speed limit allowed in that zone or at that time.

History —Jan. 7, 2000, No. 22, § 5.02; June 3, 2004, No. 132, § 5; Dec. 16, 2011, No. 249, § 1.